Allahabad High Court
JAI PRAKASH DUBEYversusSMT. INDRAWATI DUBEY AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed the writ petition at the admission stage and directed the concerned court to decide the pending civil appeal within four months, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking an expeditious decision of a pending Civil Appeal No.35 of 2026 (Old Case No.394 of 2023). The High Court observed that keeping the matter pending served no useful purpose and therefore disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the concerned court to decide the pending civil appeal within four months of the order, after hearing all affected parties. It was expressly stated that the merits of the civil appeal were not adjudicated. Consequently, the writ petition stands disposed.
Issues considered
- Whether a writ petition under Article 227 seeking direction for speedy disposal of a pending civil appeal can be disposed at the admission stage without notice to respondents
- Whether the High Court can direct a lower court to decide a pending civil appeal within a specified time frame
Subjects
- Article 227
- writ petition
- civil appeal
- expeditious disposal
- jurisdiction
- interim direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12209 of 2026
Jai Prakash Dubey
.....Petitioner(s)
Versus
Smt. Indrawati Dubey And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Gupta
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The suit filed by the plaintiff-petitioner was decreed, against which,
defendants had filed a Civil Appeal No.35 of 2026 (Old Case No.394 of
2023), which is pending consideration. The sole prayer made in the writ
petition is for expeditiously decide the said civil appeal.
2. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon Court concerned to decide Civil Appeal No.35 of 2026 (Old Case
No.394 of 2023), in accordance with law, after hearing all affected parties,
preferably within a period of four months from the date of production of
certified copy of this order.
3. With the aforesaid direction, present writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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